RABINDRA NATH DAS Vs. SARAT CHANDRA PARUI

JUDGEMENT

(1.) The appellant before us was the defendant in the Instant suit for specific performance. The suit was instituted by the plaintiff respondent for specific performance of an agreement of reconveyance of immovable property.

(2.) During the pendency of the suit, however, the right of the plaintiff under the said agreement was sold in auction in execution of a rent decree against him and purchased by the present appellant. Upon that footing, it was contended that the plaintiff's right, title and interest under the disputed agreement having vested in the defendant, the suit was no longer maintainable and that it should be dismissed. This contention was accepted by the learned Munsif and, on appeal, the learned Munsif's decision, dismissing the plaintiff's suit, was affirmed by the learned Subordinate Judge.

(3.) On second appeal to this Court, however, that decision was reversed and the plaintiff's suit was decreed on the sole ground that the acquisition of the plaintiff's right under the agreement in question by the defendant having taken place during the pendency of this suit, it was hit by the doctrine of lis pendens and could not affect the plaintiff.